logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.25 2016가단115978
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 31, 2013, the Plaintiff sold industrial machinery parts of KRW 164,703,705,705, including the total amount of KRW 63,643,907, and KRW 10,848,239, around July 31, 2014, around November 30, 2014, KRW 3,957,011, and KRW 17,017,017,492, and KRW 69,237,056, around August 31, 2015, to Company B (hereinafter “B”).

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, 5, and 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion B is a small-scale company of KRW 100 million capital, consisting of only the Defendant, who is an in-house director, and the Defendant exercises overall management influence over the dominant location B.

B is used without permission as a means to avoid the application of the law to the defendant, who is the person behind it. Thus, even if a company acts in external form, it cannot be allowed to deny the responsibility of the person behind it by abusing the legal personality in violation of the principle of good faith, asserting that even if the person behind it is a separate person, the legal effect of the act of the company is attributed only to the company

Therefore, the defendant is obligated to bear the obligations against the plaintiff in B.

B. (1) In a case where a company has the external form of a juristic person but it merely takes the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate entity by asserting that even if the act of the company is an act of the company, it shall be attributed only to the company on the ground that the person behind the corporate entity is a separate personality, is an abuse of the corporate entity in violation of the principle of trust and good faith, and it shall not be permitted as well as the company.

arrow